Terms and Conditions
Last Updated: August 26, 2026
These Terms and Conditions constitute a legally binding agreement ("Agreement") between you and Foundation List ("Foundation List," "Company," "we," "us," or "our") concerning your access to and use of FoundationList.org and any related websites, pages, accounts, job-board features, employer services, candidate services, communications, content, software, technology, and other services that we own or control (collectively, the "Site" or "Services").
Please read this Agreement carefully. By accessing, browsing, registering for, purchasing, posting on, submitting information through, or otherwise using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy & Cookie Policy.
1. Acceptance of these Terms
These Terms apply to all visitors, job seekers, candidates, employers, organizations, recruiters, hiring representatives, purchasers, account holders, and other persons or entities accessing or using Foundation List.
If you use Foundation List on behalf of an organization, company, nonprofit, foundation, educational institution, government entity, association, search firm, or other entity, you represent and warrant that you are authorized to bind that entity to this Agreement. In that case, "you" includes both you individually and the organization you represent.
Foundation List reserves the right to modify, update, supplement, or replace this Agreement at any time. Changes become effective upon posting unless a later date is stated or applicable law requires additional notice.
Your continued use of the Services following the effective date of revised Terms constitutes acceptance of the revised Agreement to the extent permitted by law.
2. Eligibility and age requirements
You must be at least 13 years old to use the Site.
If you are under 18, you may use the Site only with the permission and supervision of a parent, legal guardian, or other authorized adult and only where such use is lawful.
Foundation List employment and employer services are designed primarily for legitimate employment and professional purposes and are not directed toward children.
By using the Site, you represent that you have the legal capacity and authority necessary to enter into this Agreement.
3. Privacy and protection of personal information
Your use of Foundation List is also subject to our Privacy & Cookie Policy, which is incorporated into this Agreement by reference.
Job seekers should use appropriate caution when communicating with prospective employers. Unless legitimately required at a lawful stage of an employment process, you should not provide Social Security numbers, banking credentials, passwords, payment-card numbers, or other highly sensitive personal information to persons claiming to be prospective employers.
4. Nature of the Foundation List platform
Foundation List provides an online platform through which employers and organizations may publish employment opportunities and users may discover employment opportunities and interact with employers or organizations.
Except where Foundation List expressly agrees otherwise in writing, Foundation List is not the employer, prospective employer, recruiter, employment agency, staffing agency, agent, representative, partner, joint venturer, fiduciary, or legal representative of any user, candidate, employer, or organization appearing on the Site.
Employers, candidates, recruiters, and other users are independent parties.
Foundation List does not make hiring decisions for employers and does not guarantee that any candidate will receive an interview, job offer, employment, compensation, response, or other result from use of the Services.
Foundation List does not guarantee that an employer will identify, interview, hire, retain, or receive applications from any particular candidate.
5. No guarantee regarding users or employment opportunities
Foundation List may perform certain screening, moderation, verification, or review activities, but such activities are intended solely to support platform integrity and do not constitute a guarantee, certification, endorsement, representation, warranty, or assumption of responsibility concerning any person, organization, candidate, employer, job, posting, communication, or transaction.
Foundation List cannot guarantee that every user is who that user claims to be, that every organization is legitimate, that every Job Posting is accurate, that every position remains available, or that every employer will comply with applicable employment or privacy laws.
Users are responsible for conducting their own diligence before entering into employment, financial, contractual, or other relationships with persons or organizations encountered through Foundation List.
6. Employer and organization eligibility
Foundation List is designed primarily for nonprofit, philanthropic, educational, healthcare, association, government, public-sector, social-impact, and other mission-driven employment opportunities.
Foundation List may also permit recruiters, search firms, consultants, service providers, social enterprises, or other organizations whose opportunities or activities Foundation List determines are relevant or appropriate for the Foundation List community.
Foundation List reserves the right, in its reasonable discretion and subject to applicable law, to determine whether any employer, organization, account, opportunity, advertisement, or use of the Services is appropriate for the Site.
Submission of an account, organization profile, payment, Job Posting, verification document, or other information does not guarantee approval, publication, distribution, or continued access to Foundation List.
7. Right to refuse or discontinue service
To the maximum extent permitted by applicable law, Foundation List reserves the right to refuse, decline, limit, suspend, or discontinue doing business with any person or organization when Foundation List reasonably determines that doing so is appropriate to protect its users, employees, business, reputation, security, legal interests, platform integrity, or intended mission.
Foundation List is not required to enter into or continue a business relationship merely because a person or organization previously purchased Services, maintained an account, submitted content, or used the Site.
This provision will not be applied for an unlawful discriminatory or otherwise prohibited purpose.
8. Employer representations and warranties
Each employer, organization, recruiter, or hiring representative using Foundation List represents and warrants that:
- It is a legitimate organization or is lawfully authorized to recruit for the organization identified;
- The individual establishing or using the account has authority to act on behalf of the organization;
- All organization and contact information submitted is accurate, current, and complete;
- Each Job Posting concerns a bona fide employment opportunity;
- The organization has a legitimate intention and authority to recruit for the advertised position;
- All hiring, recruiting, interviewing, background-check, wage, classification, immigration, privacy, employment, and recordkeeping practices will comply with applicable law;
- The organization has all rights and permissions necessary to submit logos, trademarks, text, photographs, links, and other materials provided to Foundation List; and
- The organization will not use Foundation List or candidate information for unlawful, misleading, fraudulent, discriminatory, harassing, or unrelated purposes.
9. Employer responsibility for legal compliance
Employers, recruiters, and organizations using Foundation List are solely responsible for ensuring that their recruiting, Job Postings, applications, interviews, screening, hiring decisions, compensation practices, employment classifications, background checks, recordkeeping, communications, and employment practices comply with all applicable federal, state, and local laws.
This responsibility includes, where applicable, laws concerning discrimination, equal employment opportunity, pay transparency, salary-history inquiries, background checks, credit checks, artificial intelligence or automated hiring tools, privacy, biometric information, employment eligibility, wage and hour requirements, worker classification, accessibility, and required employment notices.
Foundation List does not assume responsibility for determining whether a particular employer's recruiting or employment practices satisfy the laws applicable to that employer, candidate, position, or jurisdiction.
10. Employer verification
Foundation List may verify the identity, legitimacy, authority, or eligibility of an employer, organization, recruiter, account, or hiring representative at any time.
Verification information we may request includes:
- Legal entity name;
- Business or organization address;
- Jurisdiction of formation or incorporation;
- Official organization website;
- Business registration or government records;
- Tax or employer identification information where appropriate and lawful;
- Name, title, business email, and telephone number of an authorized representative;
- Evidence that the representative is authorized to recruit for the organization; and
- Other information reasonably necessary for verification, security, fraud prevention, or platform integrity.
Foundation List may consider the use of personal or free email addresses, mismatched organization domains, missing websites, incomplete public records, unverifiable contact information, inconsistent organization information, or other unusual circumstances when evaluating an account.
Failure or refusal to provide requested verification information may result in delayed approval, restricted functionality, account suspension, removal of Job Postings, cancellation of transactions, or termination of access.
Completing verification does not guarantee approval or continued access.
11. Foundation List Job Postings
Foundation List Job Postings ("Job Postings") are designed to help eligible employers and organizations reach candidates for legitimate employment opportunities.
The employer or purchaser ("Customer") is responsible for:
- All content included in a Job Posting, including job descriptions, organization names, compensation information, logos, trademarks, photographs, URLs, images, location information, employment classifications, and other materials; and
- All websites, content, properties, pages, forms, redirects, or destinations to which a Job Posting directs users ("Destinations").
Each Job Posting must describe a bona fide employment opportunity and may not intentionally mislead users concerning the employer, position, compensation, responsibilities, location, employment relationship, or hiring process.
Job Postings expire according to the applicable purchase, package, order, or product terms.
12. Prohibited Job Postings and recruiting conduct
You may not use Foundation List to:
- Create a Job Posting without a reasonable and legitimate intent to recruit for a bona fide open position;
- Post fictitious, deceptive, misleading, fraudulent, expired, unavailable, or materially inaccurate opportunities;
- Post opportunities intended merely to collect resumes, leads, personal information, or marketing contacts;
- Misrepresent the employer, hiring organization, recruiter, compensation, location, employment relationship, duties, or identity of the poster;
- Require an applicant to pay money in order to obtain employment;
- Post pyramid schemes, multi-level marketing programs, franchises, distributorships, memberships, investment opportunities, or other arrangements Foundation List determines are inconsistent with legitimate employment;
- Require applicants to recruit other persons as a condition of participation where the opportunity is not bona fide employment;
- Request Social Security numbers, bank-account credentials, payment-card details, passwords, or other highly sensitive information through a public Job Posting;
- Request protected-class information or sensitive information in violation of applicable law;
- Post jobs directed specifically toward children or teenagers under 18 in violation of Foundation List policy or applicable law;
- Engage in discrimination or employment practices prohibited by federal, state, or local law;
- Advertise unlawful employment;
- Fail to make legally required wage, compensation, commission, location, employment-status, or other disclosures;
- Harass, stalk, threaten, intimidate, or continue contacting applicants after they have reasonably requested that contact cease;
- Use applicant information for unrelated sales, advertising, solicitation, data brokerage, or marketing;
- Sell, rent, license, publish, redistribute, harvest, or improperly disclose candidate information;
- Include malware, spyware, malicious code, deceptive links, or technologies designed to compromise a user or device;
- Use Foundation List for any fraudulent, deceptive, unlawful, abusive, or unauthorized activity; or
- Assist or enable another party to engage in prohibited conduct.
13. Unauthorized copying of employment opportunities
Customers may not copy, scrape, duplicate, reproduce, republish, or upload an employment opportunity from another organization's website unless the Customer has appropriate authorization from the hiring organization.
If Foundation List receives a credible report that a Job Posting has been submitted without authorization, Foundation List may investigate, suspend, restrict, or immediately remove the posting without prior notice.
Foundation List is not required to adjudicate ownership disputes between users before taking action reasonably designed to protect the Site or its users.
14. Candidate and applicant information
Employers and other users receiving applicant or candidate information through Foundation List must handle such information lawfully, securely, and solely for legitimate recruiting, interviewing, hiring, or employment-related purposes.
Candidate information may not be sold, improperly disclosed, harvested, scraped, republished, transferred to unrelated parties, or used for unrelated solicitation.
Employers are independently responsible for complying with all privacy, employment, background-check, discrimination, data-security, recordkeeping, and other laws applicable to information they receive.
15. User accounts and account security
Users are responsible for maintaining accurate account information and safeguarding usernames, passwords, authentication credentials, and other account-access information.
You may not share an account in a manner that circumvents Foundation List's access, licensing, payment, security, or usage restrictions.
You are responsible for activity occurring through your account to the extent permitted by applicable law.
You must promptly notify Foundation List if you reasonably believe an account has been compromised or used without authorization.
16. Suspension, restriction, and termination
Foundation List may, subject to applicable law and in its reasonable discretion, review, reject, edit, restrict, suspend, disable, unpublish, remove, or terminate any account, Job Posting, content, transaction, feature, or access to the Services.
Foundation List may take action where, among other things:
- An employer or organization cannot be reasonably verified;
- Submitted information appears false, incomplete, inconsistent, or misleading;
- An account appears to impersonate another person or organization;
- Activity appears fraudulent, deceptive, abusive, or suspicious;
- Activity may place candidates, employers, Foundation List, or third parties at risk;
- A Job Posting or account generates credible complaints or security concerns;
- The user violates this Agreement or another Foundation List policy;
- The user attempts to circumvent a previous suspension or removal;
- The user's activity creates legal, security, reputational, operational, or platform-integrity concerns;
- The organization, account, or opportunity is inconsistent with the intended purpose of Foundation List; or
- Foundation List reasonably believes action is appropriate to comply with law or protect the Site, our users, or our business.
Where permitted by law, action may be taken with or without advance notice.
Foundation List is not required to provide an investigation, hearing, appeal, explanation, or continued access except where required by applicable law or expressly agreed in writing.
17. Circumvention following termination
A person or organization whose account or access has been suspended, restricted, or terminated may not create or use another account for the purpose of circumventing Foundation List's enforcement action without Foundation List's written permission.
Foundation List may block accounts, email addresses, domains, payment methods, IP addresses, devices, organizations, or other identifiers reasonably associated with prohibited circumvention, subject to applicable law.
18. Enforcement discretion
Foundation List may determine when, whether, and how to investigate or enforce these Terms.
Foundation List's decision not to enforce a provision against one user, posting, organization, or circumstance does not waive Foundation List's right to enforce that provision against the same or another user in the future.
Foundation List is not obligated to take identical enforcement action in situations that appear similar. Enforcement decisions may take into account circumstances, available information, risk, user history, severity, platform integrity, legal requirements, and other relevant considerations.
19. Acceptable use
You may not use the Site or Services to:
- Violate any applicable law or regulation;
- Infringe copyright, trademark, trade secret, privacy, publicity, contractual, or other rights;
- Transmit unlawful, defamatory, threatening, abusive, obscene, fraudulent, or malicious content;
- Engage in unlawful discrimination, harassment, threats, or violence;
- Impersonate another person or organization;
- Misrepresent your identity, affiliation, authority, qualifications, or purpose;
- Interfere with or disrupt the Site;
- Attempt unauthorized access to an account, system, database, server, or network;
- Probe, scan, or test vulnerabilities without written authorization;
- Bypass security, authentication, rate limits, access controls, or technical restrictions;
- Transmit viruses, malware, spyware, ransomware, malicious code, or harmful technologies;
- Flood, overload, crash, disrupt, spam, mailbomb, or interfere with the Services;
- Forge headers, identities, addresses, metadata, or transmission information;
- Collect personal information through deceptive or unauthorized means;
- Use Foundation List for unlawful surveillance or tracking;
- Use the Services to facilitate fraud or identity theft; or
- Encourage, assist, or enable another person to engage in prohibited activity.
20. Scraping, bots, data extraction, and artificial intelligence
Unless Foundation List expressly authorizes otherwise in writing, you may not use automated or manual means to scrape, crawl, spider, harvest, extract, download, reproduce, index, monitor, copy, aggregate, or systematically collect data, Job Postings, candidate information, employer information, contact information, Site content, or other information from Foundation List.
Prohibited technologies and activities include:
- Bots;
- Scrapers;
- Crawlers;
- Spiders;
- Automated agents;
- Browser automation;
- Data-mining tools;
- Bulk downloading;
- Unauthorized APIs;
- Automated account creation;
- Automated messaging;
- Resume harvesting;
- Email or contact harvesting; and
- Technologies intended to circumvent technical controls.
You may not use Foundation List content, Job Postings, candidate information, employer information, databases, or other Site data to train, develop, benchmark, fine-tune, validate, enrich, or operate an artificial-intelligence model, machine learning system, commercial dataset, recruiting database, or competing service without Foundation List's prior written permission.
Foundation List reserves all rights in its databases, compilations, organization, selection, presentation, and underlying technology.
21. No resale or unauthorized commercial exploitation
Unless expressly authorized by Foundation List in writing, you may use the Services only for your own authorized purposes.
You may not resell, sublicense, rent, lease, redistribute, white-label, commercially exploit, or provide access to the Services or Foundation List data to third parties.
You may not use Foundation List to create, populate, enrich, operate, or promote a competing job board, candidate database, lead-generation system, recruiting product, or commercial information service without written authorization.
22. Foundation List intellectual property
The Site and its non-user-generated content, including text, design, graphics, logos, trademarks, icons, software, interfaces, layouts, code, HTML, databases, compilations, features, functionality, and other materials ("Foundation List Materials"), are owned by or licensed to Foundation List and are protected by intellectual-property and other applicable laws.
Subject to this Agreement, Foundation List grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for its intended purposes.
Except as expressly permitted, no Foundation List Materials may be copied, reproduced, modified, published, distributed, displayed, transmitted, sold, licensed, reverse engineered, republished, framed, mirrored, or commercially exploited without written permission.
No rights are granted by implication, estoppel, or otherwise.
23. User Content
"User Content" means information, Job Postings, logos, images, text, resumes, profiles, links, communications, comments, files, and other materials submitted, uploaded, transmitted, or otherwise provided by a user.
You retain whatever ownership rights you lawfully hold in your User Content.
By submitting User Content, you represent and warrant that:
- You own the content or possess all necessary rights and permissions to provide it;
- Your submission and Foundation List's permitted use will not violate applicable law or third-party rights;
- The content is not knowingly false, fraudulent, deceptive, defamatory, malicious, or unlawfully discriminatory;
- You are authorized to publish any personal information contained in the content;
- The content does not contain confidential information you lack authority to disclose; and
- The content complies with this Agreement.
24. License to User Content
By submitting User Content, you grant Foundation List a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify for formatting or technical purposes, distribute, display, communicate, publish, index, syndicate, promote, and otherwise use the User Content as reasonably necessary to operate, provide, improve, secure, market, and promote Foundation List and its Services.
This license includes the right to distribute or make Job Postings available through search engines, social media, RSS feeds, email communications, job aggregators, syndication services, partners, and other distribution channels.
The license continues for as long as reasonably necessary to provide the Services and may continue with respect to cached, archived, syndicated, backup, legal, security, or previously distributed copies after User Content is removed.
25. Public information
Information intentionally submitted for publication, including Job Postings, organization names, logos, job locations, compensation information, URLs, and other publicly displayed content, may be indexed, cached, copied, archived, syndicated, or redistributed by search engines, aggregators, social media platforms, archival services, or other third parties.
Foundation List cannot guarantee removal of copies lawfully obtained or independently retained by third parties after information has been publicly distributed.
26. Search engines, caching, and removal limitations
Removing content from Foundation List does not guarantee immediate removal from search engines, caches, archives, aggregators, social networks, RSS readers, third-party websites, or other services that previously received, indexed, or copied the content.
Foundation List does not control third-party indexing or caching and is not responsible for delays or failures by third parties to update or remove previously distributed content.
27. Copyright and intellectual-property complaints
Foundation List respects intellectual-property rights.
If you believe content available through Foundation List infringes your copyright, trademark, or other intellectual-property rights, please send a written notice identifying:
- The work or right claimed to have been infringed;
- The allegedly infringing material and its location on Foundation List;
- Your name and contact information;
- The basis for your claim;
- A statement that you have a good-faith belief that the disputed use is unauthorized; and
- Any additional information reasonably necessary for Foundation List to evaluate the complaint.
28. Communications
By creating an account, making a purchase, submitting a Job Posting, or otherwise interacting with the Services, you agree that Foundation List may send transactional, administrative, security, billing, account, policy, support, and service-related communications.
Foundation List may also send marketing or informational communications where permitted by applicable law.
You may opt out of applicable marketing communications using the unsubscribe instructions provided in those messages.
Opting out of marketing communications does not prevent Foundation List from sending non-promotional messages reasonably necessary to administer an account, purchase, transaction, security matter, or legal obligation.
29. Fees, payment, and no recurring subscriptions
Prices and fees are stated in U.S. dollars unless expressly indicated otherwise.
You agree to pay all fees, charges, and applicable taxes associated with the Services you purchase.
Foundation List does not sell automatically renewing or recurring subscription services. Unless expressly stated otherwise at the time of purchase, purchases are one-time transactions and will not automatically renew or result in recurring charges.
Purchasing a Job Posting, package, featured placement, advertising product, or other Service does not authorize Foundation List to automatically charge you for another term or future purchase unless you separately and affirmatively authorize such a transaction.
Foundation List may offer different products, packages, quantities, durations, promotional offers, or pricing from time to time. The availability or price of a particular product may change prospectively without creating an obligation to provide the same product or price in the future.
A price change will not retroactively alter a completed purchase unless permitted by the applicable order terms or required by law.
Foundation List may use third-party payment processors. Your use of those services may also be subject to the payment processor's applicable terms and privacy practices.
30. Refund policy
Except where Foundation List expressly agrees otherwise in writing or applicable law requires a refund, purchases and fees are non-refundable once the purchased Service has been activated, published, delivered, or made available.
Foundation List may, but is not obligated to, issue a refund, credit, replacement posting, extension, or other accommodation in its discretion.
Suspension, restriction, rejection, expiration, moderation, or removal of a Job Posting or account because of a violation of these Terms, suspected fraud, misrepresentation, eligibility concerns, verification failure, abuse, unlawful activity, or other prohibited conduct does not entitle the user to a refund except where required by law.
Nothing in this section limits a non-waivable refund or consumer right provided by applicable law.
31. Chargebacks and payment disputes
Before initiating a payment-card chargeback or payment dispute concerning a Foundation List transaction, we request that you contact Foundation List so we have a reasonable opportunity to review and address the matter.
A fraudulent, knowingly false, abusive, or bad-faith chargeback may result in suspension of Services, cancellation of accounts or postings, collection activity, or other remedies permitted by law.
Nothing in this section prevents a user from exercising a legally protected right to dispute an unauthorized or improper charge.
32. Fraudulent transactions and amounts owed
Foundation List may cancel, suspend, or refuse Services associated with a payment that is declined, reversed, disputed, unauthorized, suspected to be fraudulent, or otherwise not successfully received.
You remain responsible for amounts lawfully owed to Foundation List even if access to the related Service has been suspended or terminated because of nonpayment, fraud, chargeback abuse, or violation of these Terms, except where applicable law provides otherwise.
Foundation List reserves the right to recover reasonable costs of collecting undisputed amounts that are lawfully due, to the extent permitted by law.
33. No guarantee of traffic, visibility, applications, or results
Foundation List does not guarantee any minimum number of views, impressions, clicks, applications, candidates, interviews, responses, referrals, hires, search-engine rankings, search-engine indexing, social-media exposure, aggregator distribution, or other outcome from a Job Posting or other purchased Service.
Placement, visibility, traffic, search results, third-party indexing, algorithms, candidate interest, and hiring outcomes may vary for reasons outside Foundation List's control.
A lack of applications, interviews, hires, views, traffic, third-party distribution, or other desired result does not by itself entitle a purchaser to a refund.
34. Third-party job aggregators and distribution partners
Foundation List may distribute, syndicate, transmit, or make Job Postings available to third-party job aggregators, search engines, social networks, RSS feeds, distribution partners, and other services.
By purchasing or submitting a Job Posting, you authorize Foundation List to attempt such distribution unless Foundation List expressly provides another option.
Third parties establish their own eligibility requirements, technical requirements, editorial standards, posting rules, algorithms, policies, and terms.
Foundation List does not control and cannot guarantee whether, when, where, for how long, or in what format a third party will publish or display a Job Posting.
A Job Posting may be rejected by a distribution partner because it is incomplete, duplicative, previously published, uses multiple locations, lacks required fields, conflicts with the partner's policies, or for any other reason determined by the third party.
Purchase of a Foundation List Job Posting does not guarantee publication on Google, LinkedIn, Indeed, social media, aggregators, search engines, or any other external platform.
35. Third-party websites, integrations, and services
Foundation List may include links, embeds, integrations, advertisements, or connections to independently operated third-party websites, software, products, or services.
Foundation List does not control and is not responsible for the availability, security, accuracy, content, data handling, products, services, representations, terms, or practices of independent third parties.
Links and integrations are provided for convenience and do not necessarily constitute endorsement.
Your use of a third-party service is at your own risk and may be subject to separate terms and privacy policies.
36. Affiliate links and advertising disclosure
Job Postings may not contain unauthorized affiliate links.
Certain editorial, product-review, informational, resource, or blog pages on Foundation List may contain affiliate links.
Foundation List may receive compensation when a visitor clicks an affiliate link or completes a qualifying transaction with an external provider.
Pages containing affiliate relationships may include additional disclosures where appropriate.
Foundation List may participate in affiliate programs, including the Amazon Services LLC Associates Program or similar programs. Where applicable, Foundation List may earn compensation from qualifying purchases.
Third-party product and service terms are controlled by the applicable provider. Users should independently review those terms before making a purchase.
37. No professional advice or reliance
Information made available through Foundation List is provided for general informational, employment-search, recruiting, and platform purposes only.
Foundation List does not provide legal, tax, accounting, financial, immigration, employment-law, human-resources, background-screening, compensation, or other professional advice through the Site unless expressly stated otherwise in a separate written agreement.
Users are responsible for independently evaluating information obtained through the Services and for obtaining appropriate professional advice when necessary.
Foundation List is not responsible for decisions made in reliance upon Job Postings, salary information, employer descriptions, candidate information, articles, resources, third-party content, or other information appearing on the Site.
38. User disputes and release
Foundation List is not responsible for disputes between users, including disputes involving employers, applicants, candidates, recruiters, organizations, or third parties.
To the fullest extent permitted by law, if you have a dispute with another user or third party arising from or related to Foundation List, you release Foundation List and its owners, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from claims, demands, liabilities, and damages arising from or related to that dispute, except to the extent such release is prohibited by applicable law.
California residents expressly acknowledge California Civil Code Section 1542 and agree, to the extent legally permitted, that a general release may include claims that are unknown or unsuspected at the time of the release.
39. Section 230 and third-party content
Much of the content available through Foundation List may be supplied by users or other third parties.
Foundation List reserves the right to moderate, remove, restrict, edit, investigate, or decline to publish content, but Foundation List does not undertake a general obligation to monitor all User Content or communications.
Nothing in this Agreement is intended to waive protections or defenses available to Foundation List under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, or any other applicable law.
40. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUNDATION LIST AND THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
To the maximum extent permitted by law, Foundation List disclaims all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, compatibility, and uninterrupted operation.
Foundation List does not warrant that:
- The Site will operate without interruption or error;
- The Site or servers will be free from harmful components;
- Information appearing on the Site will always be accurate, current, complete, or reliable;
- A Job Posting will generate applications or hires;
- A candidate will receive an interview or job offer;
- An employer or candidate will perform as represented;
- Third-party distribution will occur;
- Any particular feature or Service will remain available; or
- Use of the Services will satisfy a user's particular business, employment, recruiting, legal, or compliance needs.
41. Assumption of risk
You acknowledge that interacting with unknown individuals and organizations through the Internet involves risks, including fraud, misrepresentation, phishing, identity theft, harassment, data loss, discrimination, unsafe interactions, and other harmful conduct.
You agree to exercise reasonable caution and independent judgment when interacting with users or third parties encountered through Foundation List.
42. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOUNDATION LIST AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES.
This limitation applies regardless of whether a claim arises in contract, tort, negligence, strict liability, statute, or another legal theory and regardless of whether Foundation List was advised of the possibility of such damages.
To the maximum extent permitted by law, Foundation List's aggregate liability arising out of or relating to the Site, Services, User Content, Job Postings, purchases, or this Agreement shall not exceed the greater of:
- The amount you actually paid to Foundation List for the specific Service giving rise to the claim during the twelve months immediately preceding the event giving rise to the claim; or
- US $100.
Some jurisdictions do not permit certain limitations or exclusions of liability. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.
43. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Foundation List and its affiliates, owners, officers, directors, employees, agents, contractors, service providers, licensors, successors, and assigns from and against claims, demands, actions, proceedings, liabilities, judgments, damages, losses, penalties, fines, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- Your use or misuse of the Site or Services;
- Your User Content or Job Postings;
- Your recruiting, hiring, employment, interviewing, screening, or applicant-handling practices;
- Your violation of this Agreement;
- Your violation of applicable law;
- Your infringement or alleged infringement of another person's rights;
- Your misuse or disclosure of applicant or candidate information;
- Your fraud, misrepresentation, negligence, or willful misconduct;
- A dispute between you and another user or third party; or
- Any claim arising from content, products, services, websites, or Destinations controlled by you.
Foundation List reserves the right, at its expense, to assume the exclusive defense and control of a matter otherwise subject to indemnification. If it does so, you agree to reasonably cooperate with the defense.
44. Injunctive and equitable relief
You acknowledge that unauthorized scraping, misuse of candidate information, infringement of intellectual-property rights, circumvention of technical controls, unauthorized access, or misuse of confidential or proprietary information may cause harm for which monetary damages alone may be inadequate.
Foundation List may seek injunctive, equitable, or other appropriate relief in addition to any other remedies available under law or this Agreement.
45. Investigations and cooperation with authorities
Foundation List may investigate suspected violations of this Agreement, fraud, security incidents, misuse, unlawful activity, threats, or other conduct that may affect Foundation List or its users.
Subject to our Privacy & Cookie Policy and applicable law, Foundation List may preserve information and cooperate with courts, law enforcement, regulators, government authorities, legal process, or other appropriate parties.
46. Service changes and discontinuation
Foundation List may add, modify, suspend, restrict, replace, discontinue, or remove features, functionality, content, Services, or portions of the Site at any time, subject to applicable law and any express contractual commitments.
Foundation List does not guarantee that a particular feature, design, integration, distribution partner, product, or Service will remain available indefinitely.
47. Force majeure
Foundation List shall not be responsible for delay, interruption, degradation, or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, cybersecurity incidents, power failures, third-party hosting failures, payment-network failures, platform outages, or failures of third-party providers.
Such circumstances do not constitute a breach of this Agreement to the extent performance is prevented or materially impaired by the event.
48. Accessibility
Foundation List is committed to providing an accessible and inclusive online experience.
We seek to improve accessibility consistent with generally recognized accessibility practices and standards where reasonably applicable.
If you experience difficulty accessing part of the Site or require assistance, please contact info@foundationlist.org.
49. No oral modification or reliance on informal statements
No oral statement, telephone conversation, informal communication, sales discussion, customer-service communication, email, or other communication modifies these Terms unless an authorized representative of Foundation List expressly agrees in writing that the communication modifies a specified provision of these Terms.
Customer-service accommodations, refunds, credits, exceptions, extensions, or enforcement decisions made in one instance do not create an obligation to provide the same accommodation or exception in another instance.
50. Governing law
Except to the extent applicable law provides otherwise, this Agreement and disputes arising out of or relating to Foundation List, the Site, or Services shall be governed by the laws of the State of Oregon, without regard to conflict-of-law principles.
51. Venue and jurisdiction
Except where applicable law provides a non-waivable right to another forum, any judicial proceeding arising out of or relating to this Agreement, the Site, or Services shall be brought in an appropriate state or federal court located in Oregon.
You consent to personal jurisdiction and venue in those courts to the maximum extent permitted by applicable law.
52. Informal dispute resolution
Before filing a lawsuit against Foundation List, you agree, except where prohibited by applicable law or where emergency injunctive relief is reasonably necessary, to first provide Foundation List with written notice describing the dispute and the relief requested.
The notice should be sent to info@foundationlist.org with the subject line Legal Dispute Notice.
The parties agree to make a good-faith attempt to resolve the dispute informally for at least 30 days after receipt of a sufficiently detailed notice before commencing litigation.
This provision does not require arbitration, waive any right to bring a lawful claim in court, shorten an applicable statute of limitations, or prevent a party from seeking relief reasonably necessary to preserve legal rights.
53. Compliance with applicable law and maximum enforceability
These Terms are intended to apply only to the maximum extent permitted by applicable law.
Nothing in these Terms is intended to waive, eliminate, restrict, disclaim, or limit any right, remedy, protection, obligation, liability, or requirement that applicable law does not permit the parties to waive, eliminate, restrict, disclaim, or limit.
If applicable federal, state, local, or other law prohibits the enforcement of any provision of these Terms, that provision shall not be enforced to the extent of the prohibition and shall instead be interpreted, limited, modified, or applied to the minimum extent necessary to make it lawful and enforceable while preserving its intended purpose as closely as legally possible.
All disclaimers, releases, limitations of liability, indemnification obligations, jurisdiction provisions, remedies, waivers, and other protections contained in these Terms apply only to the maximum extent permitted by applicable law.
Where a user possesses a non-waivable statutory or other legal right, that right will control solely to the extent required by applicable law. The existence of such a right does not invalidate or limit any other provision of these Terms that may lawfully be enforced.
54. No waiver
Foundation List's failure or delay in enforcing a provision of this Agreement does not waive the right to enforce that provision or any other provision later.
A waiver is effective only if made in writing by an authorized representative of Foundation List.
55. Severability and reformation
If any provision, sentence, clause, restriction, waiver, disclaimer, limitation, or other portion of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent legally permissible.
Where permitted, the provision shall be modified, limited, or reformed only to the minimum extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.
If a provision cannot lawfully be modified or enforced, that provision shall be severed only to the extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
The invalidity or unenforceability of a provision as applied to one person, jurisdiction, circumstance, or situation does not necessarily affect its enforceability as applied to any other person, jurisdiction, circumstance, or situation.
56. Assignment
You may not assign, transfer, delegate, or sublicense your rights or obligations under this Agreement without Foundation List's prior written consent.
Foundation List may assign or transfer this Agreement in connection with a merger, acquisition, restructuring, sale of assets, financing, corporate reorganization, or transfer of the Foundation List business or Services, subject to applicable law.
57. No third-party beneficiaries
Except where expressly stated otherwise, this Agreement does not create rights in any person or entity that is not a party to this Agreement.
58. Relationship of the parties
Nothing in this Agreement creates a partnership, franchise, joint venture, agency, fiduciary, employment, or other special relationship between Foundation List and a user.
No user has authority to bind Foundation List unless Foundation List expressly grants that authority in writing.
59. Survival
Provisions that by their nature should survive termination or expiration shall survive, including provisions concerning intellectual property, User Content licenses, payments, amounts owed, releases, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, enforcement rights, and restrictions on misuse of Foundation List information.
60. Entire agreement
These Terms and Conditions, together with the Privacy & Cookie Policy and any additional written terms expressly applicable to a particular Foundation List purchase or Service, constitute the entire agreement between you and Foundation List concerning use of the Site and Services.
They supersede prior or contemporaneous communications concerning the same subject matter except for a separate written agreement signed by an authorized representative of Foundation List that expressly states it modifies these Terms.
61. Questions and legal notices
Questions concerning these Terms and Conditions may be directed to:
10824 SE Oak St #357
Milwaukie, OR 97222
Email: info@foundationlist.org
Telephone: (415) 846-1375